CT August 2026

LEGISLATIVE UPDATE

ED SAN GEORGE, PCAM INTEGRA MANAGEMENT CORP., AAMC LEGISLATIVE ACTION COMMITTEE CHAIR

“What happened in June is condominium buildings got added to the definition of a type of building where this legislation applied.” and reactivating pending legislation. You may not know but New Jersey legislative activity is year round and not just segregated into a limited specific time for legislation to be enacted like in many other states. One very relevant legislation directly affecting common interest community associations that was introduced quietly in January 2026 but then got picked up and reviewed by Energy Committee in late March. It then got fast tracked during June and was voted upon by both houses of the government and has gone to the governor’s desk for review and signature. This all in less than 30 days from reinvigoration in June. What happened in June is condominium buildings got added to the definition of a type of building where this legislation applied. At that time, we teamed up with the NJ Builders Association, the NJ Apartment Association and NJ Realtors to oppose and ask for more time but to no avail. Since this has gone to the Governor for signature, we have intervened directly with the Governor’s Chief Counsel with further constitutional objections and analogies with Federal Regulations, notable satellite dishes on common elements. The exterior of the premises is a common ele ment. The Federal Communications Commission, when adopting the Over-the-Air Reception Devices (OTARD) rule, provided that satellite dishes could be installed only within “exclusive use areas” in a condominium. The FCC did so W ell now that the budget session is over, our legis lators have been busy introducing new legislation

because, had it permitted installations on common elements as this bill appears to do, it would have raised a takings issue and resulted in compensation claims by the owners who hold a percentage interest in those common elements. We will see if the argument may dissuade this very popu lar energy legislative imitative or we may need to craft and seek amended language in the future. NJ S 2368 Status: Passed both chambers, unanimously Title: “Garden State Balcony Solar Act”; exempts portable solar generation

devices from certain requirements, and requires certain entities to allow use and installation of portable solar gener ation devices.** John Francis McKeon, Robert G. Smith, Andrew P. Zwicker, Linda R. Greenstein, Patrick J. Diegnan Jr., Clinton Calabrese, Ellen J. Park, Robert J. Karabinchak, Singh, Balvir Brennan, Katie Bhalla, Ravi S., Rosaura Bagolie, Onyema, Chigozie U. Roy Freiman, Macurdy, Andrew, Mitchelle Drulis

Sponsors:

First Action: 01-13-2026 Latest Actions: 06-30-2026: Passed Assembly (79-0-0) Senate passed: (40-0) The act supports the use of portable solar generation devices ON BALCONIES and by exempting them from certain regulatory requirements, such as needing an inter connection agreement or being subject to net metering program mandates. A portable solar generation device is defined as: A moveable photovoltaic generation device and associated equipment that: has a maximum power output of not more than 1,200 watts; is designed to be connected to a building’s electrical system through a stan dard 120-volt alternating current outlet; is located on the

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AUGUST 2026